Family Code – FAM
PRELIMINARY PROVISIONS AND DEFINITIONS[
Effective 1/1/2017] Spouse defined
Current through 2016 Legislative Session
“Spouse” includes “registered domestic partner,” as required by Section 297.5.
Ca. Fam. Code § 143 Added by Stats 2016 ch 50 (SB 1005),s 35, eff. 1/1/2017.
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The rights and obligations of “spouses” which now explicitly apply also to California registered domestic partners pursuant to California law are addressed in CA. Fam. Code § 297.5, as also in numerous other sections of the various California codes.
Family Code – FAM
DIVISION 2.5. DOMESTIC PARTNER REGISTRATION [297 – 299.6]
( Division 2.5 added by Stats. 1999, Ch. 588, Sec. 2. )
PART 1. DEFINITIONS [297 – 297.5]
( Part 1 added by Stats. 1999, Ch. 588, Sec. 2. )
297.5.
(a) Registered domestic partners shall have the same rights, protections, and benefits, and shall be subject to the same responsibilities, obligations, and duties under law, whether they derive from statutes, administrative regulations, court rules, government policies, common law, or any other provisions or sources of law, as are granted to and imposed upon spouses.
(b) Former registered domestic partners shall have the same rights, protections, and benefits, and shall be subject to the same responsibilities, obligations, and duties under law, whether they derive from statutes, administrative regulations, court rules, government policies, common law, or any other provisions or sources of law, as are granted to and imposed upon former spouses.
(c) A surviving registered domestic partner, following the death of the other partner, shall have the same rights, protections, and benefits, and shall be subject to the same responsibilities, obligations, and duties under law, whether they derive from statutes, administrative regulations, court rules, government policies, common law, or any other provisions or sources of law, as are granted to and imposed upon a widow or a widower.
(d) The rights and obligations of registered domestic partners with respect to a child of either of them shall be the same as those of spouses. The rights and obligations of former or surviving registered domestic partners with respect to a child of either of them shall be the same as those of former or surviving spouses.
(e) To the extent that provisions of California law adopt, refer to, or rely upon, provisions of federal law in a way that otherwise would cause registered domestic partners to be treated differently than spouses, registered domestic partners shall be treated by California law as if federal law recognized a domestic partnership in the same manner as California law.
(f) Registered domestic partners shall have the same rights regarding nondiscrimination as those provided to spouses.
(g) No public agency in this state may discriminate against any person or couple on the ground that the person is a registered domestic partner rather than a spouse or that the couple are registered domestic partners rather than spouses, except that nothing in this section applies to modify eligibility for long-term care plans pursuant to Chapter 15 (commencing with Section 21660) of Part 3 of Division 5 of Title 2 of the Government Code.
(h) This act does not preclude any state or local agency from exercising its regulatory authority to implement statutes providing rights to, or imposing responsibilities upon, domestic partners.
(i) This section does not amend or modify any provision of the California Constitution or any provision of any statute that was adopted by initiative.
(j) Where necessary to implement the rights of registered domestic partners under this act, gender-specific terms referring to spouses shall be construed to include domestic partners.
(k) (1) For purposes of the statutes, administrative regulations, court rules, government policies, common law, and any other provision or source of law governing the rights, protections, and benefits, and the responsibilities, obligations, and duties of registered domestic partners in this state, as effectuated by this section, with respect to community property, mutual responsibility for debts to third parties, the right in particular circumstances of either partner to seek financial support from the other following the dissolution of the partnership, and other rights and duties as between the partners concerning ownership of property, any reference to the date of a marriage shall be deemed to refer to the date of registration of a domestic partnership with the state.
(2) Notwithstanding paragraph (1), for domestic partnerships registered with the state before January 1, 2005, an agreement between the domestic partners that the partners intend to be governed by the requirements set forth in Sections 1600 to 1620, inclusive, and which complies with those sections, except for the agreement’s effective date, shall be enforceable as provided by Sections 1600 to 1620, inclusive, if that agreement was fully executed and in force as of June 30, 2005.
(Amended by Stats. 2006, Ch. 802, Sec. 2. Effective January 1, 2007.)
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